27-29 ALBION STREET - ZBA ON
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Legal Notice
>- CRY OF SALEM
rYc BOARD OF APPEAL
P Will hold a public hearing for all per-
son interested in the petition submitted ,1
1 by RICHARD NESS ARCHITECT is
7 seeking a Special Permit to construct
addition to a non-conforming structure
for the property located at 27-29 j
ALBION STREET R-1. Said hearing j ^
will be held on WEONESDAY, JANU- 1
ARY 17, 2007 at 620 p.m., 3rd floor S
120 WasMngton Street.Room 313.
Nina Cohen,
Chairman
SN—1/3,1/10/07 t
1
i
osar CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL C1 i J - -aLLP'i. MA
m 120 WASHINGTON STREET. 3RD FLOOR CLERK'S OFFICE
/f SALEM. MASSACHUSETTS 01970
TELEPHONE: 978.745-9 5 9 5
FAX: 978-740-9846 _
KIMBERLEY DRISCOLL JAN 23 P 2: 41
MAYOR
January 18, 2007
Decision
Petition of Carlos Pacheco requesting a Special Permit
for the property at 27-29 Albion Street
City of Salem Zoning Board of Appeals
A public hearing on the above petition was opened on January 17, 2007 pursuant to
Massachusetts General Law Ch. 40A, Sec. 11. The following Zoning Board members
were present: Nina Cohen, Richard Dionne, Steven Pinto, Elizabeth Debski and Annie
Hams.
The petitioner, Carlos Pacheco, sought Special Permits to alter a pre-existing non-
conforming use and to make an addition to a pre-existing non-conforming structure for
the property located at 27-19 Albion Street, Salem, in the Single-Family Residential (R-
1)zoning district.
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the Petition submitted, makes the following
findings of fact:
1. 27-29 Albion Street is an existing multi-family structure and a nonconforming
residential use located in the R-1 zoning district. The Petitioner wishes to
occupy one of the four(4) units on the site, with family members occupying
two (2)of the other units, and renting out the last of the four (4) units.
2. The petitioner is requesting Special Permits to add a two-story addition to the
existing non-conforming structure and to continue the use as an existing non-
conforming use (multi-family) in an R-I district.
3. The subject property consists of two (2) bedroom units. The proposed addition
will create four(4) three (3) bedroom units.
4. The applicant was represented by Mr. Richard Ness, Architect.
5. The petitioners stated that they had spoken to their neighbors and had not
heard any objections to the proposed addition.
f .
6. The petitioner agreed to comply with the City of Salem's requirements for on-
site parking and screening. The existing parking areas will be consolidated
into a single, six (6) stalled parking area on the south side of the building.
7. Dick Avigian of 33 Albion Street stated that he had no objections to the
proposed project.
On the basis of the above findings of fact, including all evidence presented at the public
hearing, including, but not limited to, the Petition the Zoning Board of Appeals concludes
as follows:
1. The petitioner's request to for Special Permits does not constitute substantial
detriment to the public good as the use of the dwelling is pre-existing and will
not increase the density of the use or the impact on the neighborhood.
2. The requested relief does not nullify or substantially derogate from the intent
or purpose of the zoning ordinance as residential uses are constant with the
Single-Family Residential district and not inconsistent with the area.
3. A literal enforcement of the zoning ordinance would create a substantial
hardship to the petitioner as the structure would have to be demolished to
greater than 50% of it's size and the existing protection of a non-conforming
use would be denied.
4. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor
(Cohen, Dionne, Pinto, Debski, Hams) and none (0) opposed, to grant the request for
Special Permits, subject to the following terms, conditions, and safeguards:
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted to and
approved by the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
6. A Certificate of Occupancy is to be obtained.
7. Unless this decision expressly provides otherwise, any zoning relief granted does
not empower or authorize Petitioner to demolish or reconstruct the structures(s)
located on the subject property to an extent of more than fifty percent (50%) of its
floor area or more than fifty percent (50%) of its replacement cost at the time of
destruction. If the structure is demolished by any means to an extent of more than
fifty percent (50%) of its replacement cost or more than fifty percent (50%)of its
floor area at the time of destruction, it shall not be reconstructed except in
conformity with the provisions of the Ordinance.
8. The petitioner is to observe the two (2) foot parking stall buffer for the site and
shall install a vegetated buffer to screen all parking areas from abutting
residential uses, such screen to be of sufficient height and density as to prevent
the migration of light from automobiles onto the adjacent parcels. Such screening
shall be presented to the City Planner for review and,approval before issuance of
a Certificate of Occupancy for the addition.
Nina Cohen
Salem Zoning Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK
Appeal from this decision,if any,shall be made pursuant to Section 17 of the Massachusetts General Laws
Chapter 40A,and shall be filed within 20 days of filing of this decision in the office of the City Clerk.
Pursuant to the Massachusetts General Laws Chapter 40A,Section 11, the Variance or Special Permit
granted herein shall not take effect until a copy of the decision bearing the certificate of the City clerk that
20 days have elapsed and no appeal has been filed,or that,if such appeal has been filed,that it has been
dismissed or denied and is recorded in the South Essex Registry of Deeds and indexed under the name of
the owner of record or is recorded and noted on the owner's Certificate of Title.
MAP, 15 LOT 172 MAP 15 LOT 315
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SMITM SALEM
GRAPHIC SCALE No.350
�0,of-C'PF GISh�'�'SJ PROPERTY OF
S�"q "� CARDINIA M . PACHECO
10 0 E 10 q0 .
SCALE 1" = 10' OCTOBER 17, 2006
"c w NORTH SHORE SURVEY CORPORATION
I inch = 10 ft. 14 BROWN ST., SALEM, MA #2807
978-744-4800